Abbas P.T vs Thiruvambady Grama Panchayath
2023 Latest Caselaw 8652 Ker

WP(C) No.26248/2023                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
            Wednesday, the 9th day of August 2023 / 18th Sravana, 1945
                              WP(C) NO. 26248 OF 2023
   PETITIONERS:

      1. ABBAS P.T, AGED 64 YEARS, S/O KUNHIMUHAMMED, PILATHOTTATHILHOUSE,
         PARAMBILPEEDIKA P.O OLAKARA, MALAPPURAM DISTRICT, PIN - 676305
      2. ASHRAF AGED, 52 YEARS, S/O HUSSAIN HAJI, OVUNGALCHAKKUMKULATH HOUSE,
         IRUMBUCHOLA, ABDURAHMAN NAGAR P.O THIRURANGADI TALUK, MALAPPURAM
         DISTRICT, PIN - 676305

   RESPONDENTS:

      1. THIRUVAMBADY GRAMA PANCHAYATH, THIRUVAMBADY, THAMARASSERY TALUK
         KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673603
      2. THE SECRETARY, THE THIRUVAMBADY GRAMA PANCHAYATH, THIRUVAMBADY,
         THAMARASSERY TALUK KOZHIKODE, PIN - 673603
      3. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
         THIRUVANTHAPURAM, PIN - 695001


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the execution and operation of Exhibit P8 passed by the
   Respondent No.3 and all further proceedings thereon until disposal of this
   writ petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. P.A.MOHAMMED SHAH, RENOY VINCENT, SHAHIR SHOWKATH ALI, CHELSON
   CHEMBARATHY, MUHAMED JUNAID V., ADITH KRISHNAN.U. & FATHIMA AFEEDA P.,
   Advocates for the petitioners and of SHRI. VINOD SINGH CHERIYAN, Advocate
   for the respondent, the court passed the following:
 WP(C) No.26248/2023                           2/3




                                    N.NAGARESH, J.
                        ------------------------------------------------
                              W.P.(C) No.26248 of 2023
                       -------------------------------------------------
                        Dated this the 9th day of August, 2023


                                          ORDER

The counsel for the petitioners would submit that Ext.P8

may not stand the scrutiny of law, in view of the judgment of this

Court in V. Sudhakaran v. Pallichal Grama Panchayat and

others [2016 (2) KLT 175], as the petitioners are entitled to the

benefit of deemed licence after 30 days of submitting an

application.

2. Admit. Respective Standing Counsel take notice for

respondents 1 to 3.

3. Respondents to file counter affidavit.

There will be an interim order staying the operation of

Ext.P8 for a period of one month.

Sd/-

N.NAGARESH JUDGE .

        sss
 WP(C) No.26248/2023                 3/3

APPENDIX OF WP(C) 26248/2023 Exhibit-P8 THE ORDER DATED 22.06.2023 PASSED BY THE RESPONDENT NO.3 IN O.P:226/2019